JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. The sole respondent was an employee of the State of Haryana. He has since retired. He was serving in the ‘Health Department’ of the State having joined services on 26.11.1961. He retired on 7.9.1988 on health grounds.

3. He suffered an heart attack on 15.8.2002. He was treated in the Post Graduate Institute of Medical Sciences and Research, Chandigarh. He underwent a bye-pass surgery at Fortis Heart Institute and Multi-Speciality Hospital, Mohali. It is on the recognized panel of the hospitals of the State of Haryana. He submitted a bill for a sum of Rs.1,87,907.65 towards medical expenses borne by him for its reimbursement.

Relying on or on the basis of a circular issued by the State of Haryana dated 30.11.1993, the Department sanctioned payment for a sum of Rs.1,62,298/- only.

4. Aggrieved by the said order, the respondent filed a writ petition before the High Court of Punjab and Haryana. The said writ petition was allowed, holding:

“We have heard learned Counsel for the parties.

Shri W.R. Dua, learned counsel for the petitioner drew our attention to the Punjab Services (Medical Attendance) Rules 1940, as applicable to the Haryana emp